As our world becomes more digital, unwanted texts messages and calls are becoming an increasing nuisance. So, what's stopping your text message inbox from looking like your spam-filled email folder? The TCPA, along with attorneys and consumers who take action to enforce it.

Under the Telephone Consumer Protection Act (TCPA), penalties for spam text message and call violations can range between $500-$1,500 per violation. Garrett has successfully litigated many of these cases and directly achieved seven and eight-figure settlements for violations resulting from these spam messages.

The TCPA prohibits solicitors from the following, unless they have prior express consent:

✅ Calling consumer telephone numbers listed on the National Do Not Call Registry. Consumers can place their numbers on the list at www.donotcall.gov

✅ Continuing to call or text consumers after they have withdrawn consent to receve the texts or call, like when a company continues to text you after you say stop.

✅ Calling a residential number after 9 p.m. and before 8 a.m. This applies to telemarketers who do not have an "established business relationship" with the person they are calling.

✅ Leaving a voicemail with an artificial or pre-recorded voice without prior express written consent.

Some calls are exempt from TCPA compliance. These include calls from tax-exempt, non-profit organizations, calls made with a non-commercial purpose (like a reminder to pick up a prescription), certain debt collection calls or texts, and calls/texts that do not include any unsolicited advertisement.

What to do if you get spam text messages:

📌 Save all the text messages and voicemails

📌 Make a written record of the text and calls you're receiving, including the date and time.

📌 Take a screenshot of the messages

📌 Send us the screenshot